The second riskiest move a Texas landlord faces in eviction court is entering into a settlement agreement with a tenant. (The riskiest move is delivering the notice to vacate). But the reward, when you execute a settlement properly, is huge. Using high quality Texas eviction settlement documents will help you avoid much of the risk associated with entering into a settlement agreement. So will the guidance of an experienced Texas eviction attorney. The more you know and understand about the tricky Texas eviction settlement process, the lower your risk. Our Texas eviction settlement forms are key to your strategy of avoiding this risk.
Settling a Texas Eviction Can Yield Great Dividends
If you handle your eviction settlement properly, you can enjoy the following:
- An end to the litigation;
- An end to the uncertainty of litigation;
- A known move-out date for your tenant;
- Agreement and your tenant’s commitment to leave the property is a specific condition;
- Compensation for unpaid rent;
- Your tenant’s waiver of his right to appeal (this advantage is BIG);
- Arranging the agreement so that it is quickly enforceable, should you tenant not move out as agreed (and this is the BIGGEST advantage).
I think you get the point, but those last two are super-important….
Settling a Texas Eviction Involves Risk
Here’s the problem: you must take the right steps and your settlement documents must include the right elements for you to enjoy the benefits of a quickly enforceable settlement agreement.
Texas landlords often miss out on many these HUGE benefits because they don’t understand how to property structure a settlement agreement. Or – worse – they use documents that do little more than say, “we agree to end the lawsuit.” NEVER use documents you can’t enforce quickly.
The Importance of a Quickly Enforceable Settlement Agreement
Maybe you’re wondering why enforcement is such an important detail?
Well – let’s take a closer look. Think about the timeline for your eviction. Your notice to vacate was probably 3 days. Perhaps it was more; perhaps less. It took several days for the Constable to serve your tenant. And then the court probably set your eviction trial out about three to four weeks. Between now and your trial date (or – for some of you, the day of trial) you will hopefully enter into a settlement agreement. But that agreement will almost certainly give your tenant additional time in the property. This detail can vary depending on circumstances, from as little as a week to a couple of months.
Your timeline will likely look something like this:
When we talk about enforcement, we are asking ourselves the question, “What happens when the tenant gets to the very end of his agreed (per the settlement agreement) period of possession, and then refuses to leave?”
If you’ve staged your settlement agreement properly, you’ll be able to take steps that will get your tenant out in a matter of only a few more days.
If you’ve made the mistake of doing what most landlords do on a settlement agreement, you must restart the entire eviction process from the very beginning. As in re-issuing the notice to vacate! For some of you, that can mean a worst-case scenario of 17 weeks.
And if your tenant takes this all the way through to the bitter end, appealing the second time around, you could be looking at an additional four weeks on top of that. So, the tenant can potentially live in your property – rent free – for over four months if he plays his cards right.
Don’t fall for this trick. Remember: for many of you, your tenant promised to pay rent and later broke that promise. You have no business taking this person’s word for anything. All future promises with your tenant need to be enforceable.
What You Get with Girling Law’s Texas Eviction Settlement Documents
Girling Law’s Eviction Settlement Packet ensures you have everything you need to stage an enforceable settlement agreement. Here’s what you get:
- 8 pages of detailed, attorney-drafted instructions;
- Our firm owner’s explanation of what settlement terms are reasonable;
- Review of when it is best to negotiate settlement with your tenant;
- Settlement agreement drafted specifically for an eviction from residential real estate;
- Agreed Judgment;
- Customized documents; the only blanks you fill in are signature lines;
- Discussion of what documents to record, and when to record them;
- Advice on when to seek enforcement and when not to;
- Description of the step to take to enforce your judgment.
If you have filed your eviction lawsuit, you need to order your Eviction Settlement Packet right now. Select the red button, below. We will deliver your customized, attorney-drafted forms in a PDF email attachment within minutes.